United States Third Circuit

In an appeal from a judgment of the district court dismissing, for lack of subject matter jurisdiction, a class-action for relief under the Fair Labor Standards Act (FLSA), 29 U.S.C. sections 207 and 216(b), judgment is reversed where a collective action brought under Section 216(b) does not become moot when, prior to moving for “conditional certification” and prior to any other plaintiff opting in to the suit, the putative representative receives a Rule 68 offer.

Appellate Information

• Decided 08/31/2011
• Published 08/31/2011

Judges

• SCIRICA

Court

• United States Third Circuit

Counsel